Official translation official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No 452 On the Approval of the Regulations of Storage, Management, Research and Use of the Special Part of the State Archival Fonds 12 April 1996 Vilnius (as amended by Gov. Resolution No 1069 of 29 September 1997) (Consolidated Version) Proceeding from the Republic of Lithuania Law on Archives, the Government of the Republic of Lithuania h a s r e s o l v e d:
- To approve the Regulations of Storage, Management, Research and Use of the Special Part of the State Archival Fonds (attached):
- To repeal Government of the Republic of Lithuania Resolution No 551 “On the Approval of the Regulations of the Storage, Management, Research and Use of the Special Part of the State Archival Fonds ” of 22 July
- Prime Minister Mindaugas Stankevièius Minister of Culture Juozas Nekroðius Approved by Republic of Lithuania Government Resolution No 452 of 12 April 1996 Regulations of the Storage, Management , Research and Use of Special Part of the State Archival Fonds General Provisions
- These regulations shall establish the procedure for the Storage, Management, Research and Use of Special Part of the State Archival Fonds.
- The special part of the state archival fonds consists of the archives of the former SSSR State Security Committee (KGB), Lithuanian division, of other SSSR security and intelligence services which operated in Lithuania, as well as of the former Ministry of the Interior of LSSR and of the Lithuanian Communist Party and the archives of the first departments of the LSSR institutions. This part of the fonds may be supplemented with other documents related with the genocide of the Lithuanian population and resistance movement. (amended by Gov. Resolution No. 1069 of 29 September 1997)
- The records comprising special part of the state archival fonds shall be handled and delivered to the users by that archive at which they are stored in the manner prescribed by these Regulations and other standard acts. (amended by Gov. Resolution No. 1069 of 29 September 1997) Storage and Management of Special Part of State Archival Fonds
- The material of the special part of the state archival fonds, registered in the records are under constant guard. The documents which are not entered in the records shall be appraised by joint experts commission, comprising the specialists of the Centre for the Research of the Genocide of the Lithuanian Population and Resistance Movement , the Lithuanian Archives Department, and the specialists of that archive at which documents are held.( amended by Gov. Resolution No. 1069 of 29 September 1997)
- The materials of the special part of the state archival fonds shall be registered and the records shall be kept in accordance with the requirements set for the Lithuanian State Archival Fonds. The documents shall be handled according to the methodological instructions approved by the Lithuanian Archives Department.
- For the purposes of the preservation of records and the appropriate use thereof, archival description shall be improved, data retrieval systems (files, indices, reference books) shall be developed, the databases of record keeping and data retrieval shall be computerised, documents related to Resistance Movement shall be catalogued.
- The records of the special part of the state archival fonds shall be kept in the repositories under optimal climatic conditions. In the repositories documents shall be arranged according to the scheme approved by the head of the archive, topographic index shall be compiled. Documents shall be kept in files or boxes placed on special closed shelves in order to prevent their exposure to light, dust or other any other possible damage.
- For preservation purposes the originals shall be microfilmed or otherwise copied and those physically damaged shall be repaired, disinfected.
- The delivery of documents from the repositories shall be registered in a delivery book. The number and condition of the items shall be checked upon delivery and reception into the archives. The security of documents held in a repository shall be the responsibility of the fonds custodian. At the end of the day the documents used by the staff and the users in archives must be placed back in their storage places. The responsibility for the security of these records shall lie with the employee who accepted them from the repository.
- The procedure for entry into the repository , its closure and transfer into custody shall be established by the head of the archives. The repository of the former Lithuanian division of the KGB is under armed guard.
- It shall be prohibited to take out the documents from the repository, with the exception of the following cases: 11.
- for the use of documents by the Lithuanian State Security Department, Prosecutor’s Office, and the Courts for the period of up to 2 months in the cases established by laws; 11.
- transfer of records for repair or microfilming; 11.
- display of records at exhibitions, provided their security is guaranteed.
- The permission to lend the documents for use shall be issued by the head of the archives, upon producing by the authorised person the authorisation signed by the head of the institution referred to in paragraph 11.
- The issue of records shall be executed by act. In other cases the records shall be issued by the employee designated by the head of the archives.
- The responsibility for the security of records lent for temporary use, or transferred for the purpose of repair or microfilming shall lie with the employee who accepted them and the head of the institution in question. Research and Use of the Records of the Special Part of the State Archival Fonds
- The records of the special part of the state archival fonds shall be used for the purposes of establishing the criminal liability for genocide, restoration of civil rights, social, scientific and other purposes. The Centre for the Research of the Genocide of the Lithuanian Population and Resistance Movement and the employees carrying out its programmes shall use these records in the manner prescribed by the Administration and Methodology Board. (amended by Gov. Resolution No.1069 of 29 September 1997)
- The records of the operational activities of first department of the former KGB, the personal and work files of agents, operational record files, the operational record files of the former Security Department and the Ministry of the Interior of the Lithuanian SSR may be used only by the persons authorised by the heads of the State Security Department of the Republic of Lithuania, the Ministry of the Interior, the Prosecutor’s Office, the Courts, and the Centre for the Research of the Genocide of the Lithuanian Population and Resistance Movement. (amended by Gov. Resolution No.1069 of 29 September 1997)
- Other records of the Lithuanian Division of the former KGB and the former Ministry of the Interior of the Lithuanian SSR may be used only by persons performing scientific research upon producing the mediation note singed by the heads of the following institutions- the Lithuanian Archives Department, the Centre for the Research of the Genocide of the Lithuanian Population and Resistance Movement, the Ministry of the Interior or Lithuanian Research Institutions, indicating the full name of the researcher, occupation, purpose of work, the subject of research and its chronological limits.
- The former political prisoners and deportees may familiarise with their criminal and deportation cases and upon their consent, or in the event of their death- their family members or other persons upon producing their identity document, the document certifying their kinship with the former political prisoner or deportee, his written consent or death certificate.
- The archival materials of the first departments of the former Lithuanian Communist Party and of the former institutions of the LSSR may be used by the researchers upon producing their identity document.
- Foreign researchers may use the records of the special part of the state archival fonds in the manner prescribed by these Regulations.
- The permission to use the records of the special part of the state archival fonds shall be issued and in the case of dispute- the decision shall be passed, by the director of the Lithuanian Archives Department.
- The persons who have been issued the permission to use the records shall be familiarised with the rules concerning the use of records.
- The records described shall be issued for use. If the documents needed for researchers are microfilmed they shall be issued a microfilm and only in certain cases, with the prior consent of the head of the archives – the original.
- The staff of the archives may publish records only with the consent of the head of the department.
- Persons may submit enquiries concerning their personal records or the records of their relatives and receive certificates issued on the basis of the records kept in the archives, extracts of documents, copies in the manner prescribed by the Lithuanian Archives Department. The information provided to a person must not violate the rights of other persons. Responsibility for the Security and Use of the Special Part of the State Archival Fonds
- The responsibility for the Security and Use of the Special Part of the State Archival Fonds shall lie with the head of the archives and the staff according to the functions prescribed to them.
- The staff of the archives shall pledge in writing not to disseminate information either during the performance of their duties or upon the termination of employment contract, which violate legitimate interests of other persons.
- The users of records shall be responsible for the security of documents and the use of information contained in them.